Legal Question in Civil Litigation in Michigan
I was addicted to prescription drugs and was stealing property that belonged to the people I lived with. I was charged with larseny and am currently paying restitution on the balance of what the insurance company did NOT cover for the family. Now, the insurance company is coming after me for the rest of the money. I have been sober for a year now and I am trying to get my life back in order and I don't know what to do. They're trying to reach a settlement with me but I just can't afford what they're asking. I am willing to make things right, but they keep asking for obscene amounts of money by the end of the month and frankly I just don't have it. What happens if I ignore their request for payment and let them sue me? Also, I am considering filing bankruptcy and I was wondering if this would be something that could be included in the bankruptcy? Please help, I don't know if I should try and settle or if I should let them sue me. What happens, exactly, if they decide to sue? How do I get them to let me make payments instead of paying a lump sum up front?
3 Answers from Attorneys
It would be smart to consult with a local bankruptcy attorney first and see if that works in your situation.
If you let the insurance company sue you, then you will have between 3-4 weeks to respond to the complaint (depending on whether you were served personally or via certified mail). If you do not respond to this lawsuit then you will be held in default. Ultimately, the insurance company would have a judgment against you and they would have the ability to collect from you by utilizing various methods - they might subpoena you to show up to a "debtor's examination" where they ask you questions, under oath, about the nature and location of your assets. They could garnish wages, bank accounts, levy assets...
In sum, it is a process to be sued, and a process to collect on a judgment. However, you should seek the advise of an attorney to discuss your unique situation and see if they can negotiate a better out come for you.
If it's any comfort to you, as long as restitution to the insurance company was not made a part of your sentence, you could ignore them. Insurance companies dislike suing poor people The penalty is a money judgement which, if you have no money, will go uncollected while earning about 6%/year. The various methods for the company to collect against you all cost them time and money and are relatively ineffective if you keep your wits about you (e.g. never become eligible for a tax refund).
After a while the sum they want may be sold to a debt collector for pennies on the dollar. They may settle with you for a lot less than their present demand before that happens.
Focus your attention on staying clean and sober. Repayment to them is the least of your life challenges.